Patna High Court
Ranjan PalversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- RAJESH KUMAR VERMA
Holding
The petitioner is entitled to bail as he is not the owner or driver of the vehicle and has no criminal antecedent.
Summary
Ranjan Pal was arrested on 22 March 2026 as a passenger in an auto‑rickshaw from which 111.08 litres of foreign liquor were seized during an excise check. The prosecution alleged his involvement under Sections 30(a), 32(i)(iii) and 41(i)(ii) of the Bihar Prohibition and Excise Amendment Act. The petitioner contended that he had no prior criminal record, was neither the owner nor the driver of the vehicle, and that the liquor was recovered from the auto, not from his personal possession. The court examined these facts, noted the lack of direct evidence linking the petitioner to the contraband, and considered his clean antecedent. Accordingly, the court granted bail on a bond of Rs. 10,000 with two sureties, subject to conditions of cooperation, non‑tampering with evidence, and verification of his criminal record.
Issues considered
- Whether the petitioner is entitled to bail despite being a passenger in the vehicle from which liquor was seized
- Whether the absence of direct possession or ownership of the contraband and a clean antecedent justify bail
Legislation cited
- Bihar Prohibition and Excise (Amendment) Act — s. 30(a), 32(i)(iii), 41(i)(ii)
Subjects
- bail
- excise
- liquor seizure
- criminal antecedent
- Bihar Prohibition and Excise Amendment Act
- passenger liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.31523 of 2026
Arising Out of PS. Case No.-146 Year-2026 Thana- Excise P.S. District- Kaimur (Bhabua)
======================================================
Ranjan Pal son of Sita Ram Pal Resident of Village- Medanipur, Ps- Muffasil,
Dist- Rohtas (Sasaram)
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Pramod Kumar
For the Opposite Party/s : Mr. Ashok Kumar Singh
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJESH KUMAR VERMA
ORAL ORDER
2 07-05-2026 Heard Mr. Pramod Kumar, learned counsel for the
petitioner and Mr. Ashok Kumar Singh, learned Additional
Public Prosecutor for the State.
2. Petitioner seeks bail who is in custody since
22.03.2026 in connection with Excise Bhabhua P.S. Case No.
146 of 2026 for the offences punishable under Sections 30(a),
32(i)(iii) and 41(i)(ii) of Bihar Prohibition and Excise
Amendment Act.
3. The case of the prosecution, in brief, is that
informant Prabhakar Choudhary, who is S.I. of Prohibition &
Excise P.S. Bhabhua submitted written report before S.H.O.
Prohibition & Excise Bhabhua Police Station alleging there in
that on 21-03-2026 the informant alongwith police force
proceeded and reached at Mohaniya Check post and started
Patna High Court CR. MISC. No.31523 of 2026(2) dt.07-05-2026
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checking for liquor, During course of checking at about
02:00 PM he stopped one Auto bearing Reg.No. UP65T-1745
coming from the said Uttar Pradesh, one person was sitting
driving seat and another was sitting on back seat. Thereafter in
the presence of witnesses a search was made. During course of
total 111.080 liters foreign liquor was recovered and accordingly
seizure list was prepared and the police seize the recovered
foreign liquor along with Auto bearing Regd.No.UP65T-1745.
On interrogation apprehended person disclosed their name as (1)
Prashid Kumar Singh (driver) (2) Ranjan Pal.
4. Learned counsel for the petitioner submits that
petitioner has clean antecedent and it appears from the FIR and
seizure list that nothing has been recovered from the conscious
possession of the petitioner rather the recovery has been made
from the tempo in question and petitioner is neither the owner
nor the driver of the tempo in question. It is next submitted that
the petitioner has no concern at all with the alleged recovery of
liquor and has been made an accused in the present case based
on the ground that he was sitting in the tempo as a passenger
and the petitioner is in custody since 22.03.2026.
5. The learned Additional Public Prosecutor for State
has vehemently opposed the prayer for bail of the petitioner.
Patna High Court CR. MISC. No.31523 of 2026(2) dt.07-05-2026
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6. Considering the aforesaid facts and circumstances,
let the petitioner, above named, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the learned
Exclusive Special Judge (Excise)-II, Kaimur at Bhabhua in
connection with Excise Bhabhua P.S. Case No. 146 of 2026,
subject to the following conditions:-
i. Petitioner shall co-operate in the trial and shall be
properly represented on each and every date fixed by the court
and shall remain physically present as directed by the court and
on his absence on two consecutive dates without sufficient
reason, his bail bond shall be cancelled by the Court below.
ii. If the petitioner tampers with the evidence or the
witnesses, in that case, the prosecution will be at liberty to
move for cancellation of bail.
iii. And further condition that the court below shall
verify the criminal antecedent of the petitioner and in case at
any stage it is found that the petitioner has concealed his
criminal antecedent, the court below shall take step for
cancellation of bail bond of the petitioner. However, the
acceptance of bail bonds in terms of the above-mentioned order
shall not be delayed for purpose of or in the name of
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verification.
(Rajesh Kumar Verma, J)
Gaurav Sinha/-
U T
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